RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 February 2008
	DOCKET NUMBER:  AR20070013757 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Mr. Patrick H. McGann, Jr

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states that he was wounded while he was in Vietnam, and the Purple Heart was omitted from his Report of Transfer or Discharge (DD Form 214).

3.  The applicant provides no additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 1 August 1967, the applicant enlisted in the Army in Newark, New Jersey, for 3 years, in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  He was transferred to Vietnam on 8 December 1967.

3.  While in Vietnam, the applicant participated in the following five campaigns:  the Vietnam Counteroffensive, Phase III campaign, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive campaign, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV campaign, which extended from 2 April through 30 June 1968; the Vietnam Counteroffensive, Phase V campaign, which extended from 1 July through 1 November 1968; and the Vietnam Counteroffensive, Phase VI campaign, which extended from 2 November 1968 through 22 February 1969.

4.  The applicant returned to the Continental United States on 11 January 1969.  He was honorably discharged on 17 December 1969, for the purpose of immediate reenlistment.

5.  The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, the Vietnam Service Medal, the Air Medal, the Bronze Star Medal, two Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and the Marksman Marksmanship Qualification Badge (Rifle M-16).

6.  A review of the available records fails to show that the applicant was ever wounded in action while he was in Vietnam.

7.  On 18 December 1969, the applicant reenlisted in the Army for 6 years and he was transferred to Germany on 24 December 1970.  He returned to the Continental United States on 12 January 1973.

8.  The applicant was discharged under honorable conditions on 12 March 1973, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial.

9.  The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Bronze Star Medal, the Air Medal, two Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and the Marksman Marksmanship Qualification Badge (Machine Gun M-60 and Rifle M-16).  However, the Combat Infantryman Badge was not included on this DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a Bronze Service Star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized Bronze Service Stars will be worn on the appropriate service medal.  In this case, Bronze Service Stars will be worn the Vietnam Service Medal.

11.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 9 August 1965 through 19 May 1969, by Department of the Army General Order (DAGO) Number 59, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal, First Class, for the period 1 January 1969 through 1 February 1970, by DAGO Number 42, dated 1972.


DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record, nor has the applicant submitted any evidence to support his contention that he is entitled to award of the Purple Heart.  Therefore, it was appropriately omitted from his DD Form 214.

2.  However, the Combat Infantryman Badge was erroneously omitted from his DD Form 214 for the period ending 12 March 1973.  He is also entitled to four Bronze Service Stars to reflect his campaign participation.

3.  The records show that the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his DD Form 214 should be amended to reflect the awards to which he is entitled.

4.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ECP__  __MJF_  _  __PHM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the DD Form 214 of individual concerned, for the period covering 18 December 1969 through 12 March 1973, to show that he was awarded the Combat Infantryman Badge; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and four Bronze Service Stars for inclusion on his Vietnam Service Medal.





____Patrich H. McGann, Jr.___
          CHAIRPERSON




INDEX

CASE ID
AR20070013757
SUFFIX

RECON

DATE BOARDED
20080220
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS AND DECORATIONS
2.  61
107.0015/PURPLE HEART
3.  189
110.0000/DISCHARGE DOCUMENT
4.  1
110.0000/ADD APPROVED AWARDS
5.

6.